Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied several treatment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant failed to meet his burden of proving his injuries warranted removal from the MIG, rejecting his chiropractor's diagnoses of chronic pain and concussion as outside the practitioner's expertise.
The Tribunal accepted the respondent's physiatry assessment that the injuries were minor.
The Tribunal also found the respondent's denial letters complied with the notice requirements under the Schedule.
The application was dismissed.
OLATOntario Licence Appeal TribunalOct 30, 2023
